Responsibilities of Local Governments for Determination of Customary Forests

Abstract

UU No. 41 of 1999 concerning Forestry, stipulates that customary forests are part of state forests. This makes it legal for the government to take over the rights of customary law community units over customary forests that have been controlled for generations. However, the Constitutional Court decided through the Constitutional Court's Decision No. 35 of 2012 that customary forest is not part of state forest, but part of MHA unit area and customary law community unit has the right independently to take legal actions on customary forest. The decision of the Constitutional Court in question needs to be followed up with the determination of the customary forest of each customary law community unit in the region. However, it is the responsibility of the district/city government to stipulate regional regulations regarding the stipulation of recognition of customary law community units as well as to identify customary law communities in their area and to make maps of the customary territory of each customary law community unit as a prerequisite for submitting an application for the determination of customary forest. However, the Central Maluku district government in Maluku Province has not carried out this responsibility, so the government has granted forest management permits to CV Sumber Berkat Makmur and PT Bintang Lima Makmur in the customary forest area of the Sabuai and Naulu customary law community unit on Seram Island in the Province of Maluku. Maluku. This has created a conflict between the two customary law community units who are trying to maintain their customary forest due to forest clearing by the two companies.